Planning Board minutes 030619 - Laserfiche WebLink

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Approved 4/3/19 Michael Harvey commented that Randy had a valid point but stated there would be larger issues involved if everything 279 remained in one central category. He explained it would be difficult to handle and try to make exclusions instead of just 280 splitting it out. 281 282 Craig Benedict commented that he felt as though there was something missing in regard to someone wanting to put an 283 assembly facility for retreat uses in a commercial area. He stated that this type of situation would have previously been 284 captured by the general category. 285 286 Michael Harvey remarked that if the board wanted to add retreat center as a permitted use in any commercial district, 287 they could do so and then staff could incorporate. Mr. Harvey recommended that since the board was already going to 288 ask the County Attorney for direction prior to voting, that they might want to add for the staff to consider allowing retreat 289 centers in commercial zoning districts as well. Mr. Benedict mentioned that they sort of had that and stated he couldn’t 290 think of anything else to call it in the table. 291 292 Michael Harvey spoke on special events and mentioned that it was split out. He explained there was now a distinction 293 between rural special events and special events and stated that rural special events by definition have to happen on a 294 farm. He continued to page 69 (A) through 73 and stated there were only formatting changes. He then reminded 295 everyone of the provision he spoke of earlier regarding the burden of persuasion in section 5.3.2. He then moved to 296 page 74 which eliminates all the regulatory standards for governing how we approve dorms, fraternity, and sororities. 297 He stated 74 (A) had changes in formatting. He briefly spoke of the change performed on page 79 dealing with Class 298 2 kennels and explained any changes that occurred. 299 300 Michael Harvey then guided the board to pages 79 through 83 regarding short term rentals. He said they had lumped 301 everything into term short-term rentals and explained that they had eliminated all the discretionary standards of 302 evaluation per the attorney’s requirements. Additionally, Mr. Harvey mentioned they had eliminated some of the 303 language listed for short term rental large referencing that it had to demonstrate a compliance with parking which was 304 already mandated by the ordinance. 305 306 Lydia Wegman, asked Mr. Harvey if he meant for rentals. Mr. Harvey replied, yes and explained that a site plan would 307 have to be submitted and it would have to demonstrate compliance with the code. 308 309 Michael Harvey stated there has been questions raised about how this impacts Airbnb. Mr. Harvey stated that the 310 current ordinance does not allow for nonhost occupied structures in the residential zoning districts. He stated, if you 311 want to go through a Special Use Permit, you can technically have a non-host occupied structure, but you can’t have 312 an Airbnb. Furthermore, if you don’t have a host then it’s not a short-term rental and therefore is not permitted. In 313 fact, Mr. Harvey stated, it would be a nonhost occupied short-term rental which is not permitted in residential districts 314 and that is consistent with the current code. This does not impact the rental of a house for use as a single-family 315 residence. 316 317 Randy Marshall, does this knock down the arboretums desire to use that house as an Airbnb 318 319 Michael Harvey conveyed that there would still be existing impacts on the Keith Arboretum from the current code. Mr. 320 Harvey said that it didn’t add any heightened level of complexity to their ability to do that and questioned whether or not 321 the lease allows it to happen in the first place. 322 323 Randy Marshall sought clarification on whether they were proposing that would be an Airbnb without a host. 324 325 Michael Harvey confirmed and stated that this knocks that down but commented that he would argue it already 326 knocked down under the current code. 327 328 Patricia Roberts questioned the time difference between renting a single-family home versus being an Airbnb. Mr. 329 Harvey responded that both short term rental small and large talk about rental by the week. He stated they were not 330 likely to get into the policing business to find out how long occupants have rented if onsite and further stated the 331 problem usually arises when the occupant is not home. 332 333 Paul Guthrie asked about faculty renting out when they go on a sabbatical somewhere. 334